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Submission + - Malibu Media stay lifted, motion to quash denied

NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward. In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.

Comment Wait for it... (Score 3, Interesting) 195

Newsreader: in the latest IT scandal, Standard Initrode Corp has admitted that its Autobanger sex toys have been remotely hijacked by a variant of the Stuxnet virus. The effect of the hijacking is to cause the device to repeatedly apply the user's favorite settings, until the user becomes unresponsive. Last week's revelations by Federal investigators that a number of unexplained deaths among Congressmen and -women were caused by unexpected heart attacks may be related.

Comment "All services have been restored" (Score 1) 68

The outage lasted a LOT longer than 75 minutes. I tried repeatedly to get into BT webmail all morning - it was at least 3 hours after the outage before I succeeded. And during all that time, the BT DNS service was not working, so I couldn't do any other work.

#RANT# The BT-supplied router, the fornicating clunky useless and slow Home Hub 5, does not allow you to put in your own DNS servers. So while it is proof against subscriber morons, it is totally vulnerable to central morons#/RANT#

Comment Re:Actually 3rd point was agreement with trial jud (Score 1) 23

Actually whoever the new guy is, I don't find the site to be "improved" at all; seems a little crummy. The story was butchered and incorrectly interpreted, and the all important software for interaction seems less interactive.

But what do I know?

As to my absence I've been a bit overwhelmed by work stuff, sorry about that, it's no excuse :)

Comment Actually 3rd point was agreement with trial judge (Score 4, Informative) 23

The story as published implies that the ruling overruled the lower court on the 3 issues. In fact, it was agreeing with the trial court on the third issue -- that the sporadic instances of Vimeo employees making light of copyright law did not amount to adopting a "policy of willful blindness".

Submission + - Appeals court slams record companies on DMCA in Vimeo case

NewYorkCountryLawyer writes: In the long-simmering appeal in Capitol Records v. Vimeo, the US Court of Appeals for the 2nd Circuit upheld Vimeo's positions on many points regarding the Digital Millenium Copyright Act. In its 55 page decision (PDF) the Court ruled that (a) the Copyright Office was dead wrong in concluding that pre-1972 sound recordings aren't covered by the DMCA, (b) the judge was wrong to think that Vimeo employees' merely viewing infringing videos was sufficient evidence of "red flag knowledge", and (c) a few sporadic instances of employees being cavalier about copyright law did not amount to a "policy of willful blindness" on the part of the company. The Court seemed to take particular pleasure in eviscerating the Copyright Office's rationales. Amicus curiae briefs in support of Vimeo had been submitted by a host of companies and organizations including the Electronic Frontier Foundation, the Computer & Communications Industry Association, Public Knowledge, Google, Yahoo!, Facebook, Microsoft, Pinterest, Tumblr, and Twitter.

Comment Hopping Mad (Score 2) 151

I have written to my MP about this. She isn't the best MP in Parliament (known locally as the Chocolate Teapot, as in "as useful as a..."). But she is a scientist, and what the NCA have done is blatant disregard for government policy. I believe she has the ear of some influential people. With any luck she can cause the NCA some pain.

I would encourage any and all Brits to use They Work For You http://www.theyworkforyou.com/ - an easy and quick way to write to your MP, and say what you think (even if you disagree).

Comment Leaving Windows? Use Thunderbird (Score 5, Interesting) 418

When advising users who want to leave Windows, I tell them to install T-bird, let it import all their emails and address book from , and copy the result to Linux, when T-bird picks it up and uses it in a "It Just Works" manner. I have never seen another migration that was so effortless. You may understand that I don't want T-bird to disappear, or updating to stop, because there needs to be a painless way to get your stuff out of the hands of the Beast.

Comment Mostly FUD: Film at 11 (Score 5, Informative) 160

Yes, those things listed in TFA are important but they are not that difficult to handle. The worst thing about TFA is that it mostly does not offer the obvious solutions.
1. Getting to work remotely is straightforward. Don't ask for it till you have done an onsite contract first. Prove that you deliver. Then you can be trusted.
2. NDA. Yes, insist on the "standard exceptions" or walk away. There are plenty of other fish in the sea.
3. Yes, you have to educate people you work with. Also true when an employee.
4. Riding out storms. It's not hard to build up reserve money in your business - simply park some of the profit. I always had 6 months worth. You have to park quite a lot anyway, so that you have it ready when tax payment day comes.
5. Keeping up to date. Yes, that's tricky - but you do NOT need to chase the Flavour-of-the-Month like employees do. I only needed to change direction once in 20 years - plenty of earning opportunities always there
6. Reconcile agile and fixed-bid? That's ridiculous FUD. No freelancer is so stupid they do fixed-bid with open-ended requirements, surely? Leastways they only do it once. Every freelancer I have ever worked with was on time and materials.
7. Communications gaps. This is not a threat, this is an opportunity! This is where the freelancer can shine, by doing the internal communicating that the customer is themselves is incapable of. I have done this on every project, and got kudos for being helpful.
8. Time management. Ho hum. Everybody, freelancer or employee, has to manage their time.

Time needed for handling getting requirements and doing proposals? You call that non-billable? No, Dorothy, you roll that into your daily rate.

Comment Definitely yes... (Score 1) 121

When you sign up with an ISP, they ship you a router that is usually a piece of cheap tat in hardware terms, has incompetently or maliciously built software, usually lacks useful features such as QoS, usually has some or all features missing or locked down (my ISP has just shipped me a VDSL router that has no telnet or SSH interface and where I can't change their utterly crappy DNS servers)

So yes, please, build some open source hardware that will run tomato and/or OpenWRT (absolutely not DDWRT). I would like to be able to support a computer club in my village hall with 30+ participants over wifi - not possible with any ISP-supplied or consumer router sold here. - they choke at 10 users.

I notice that most routers in the shops here cost around $60-80 USD. I would happily pay up to twice that for a really competent router. (a business grade router would be complete overkill and cost double again).

Comment Basic version == Spaghetti (Score 2) 67

Over the years, I have had several goes at rewriting Ham(m)urabi, in an attempt to make it comprehensible. I just wanted to be able to tweak it, and it has defeated me (got bored and gave up) every time.
The BASIC code is the most appalling spaghetti, and would make an excellent illustration for any CS student of How Not To Code.

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